AmerisourceBergen Corporation v. Lebanon County Employees’ Retirement Fund

243 A.3d 417 (Del. 2020).

AmerisourceBergen was a major opioid distributor during a period of widespread, illegal use of opioids by the public. In 2007, the DEA suspended AmerisourceBergen's license at its Orlando distribution center because the company lacked a system to flag "rogue pharmacies" that were ordering a disproportionate amount of opioids. The company settled with the DEA but shortly after was subject to government investigations, reports and lawsuits. By the time of this lawsuit, AmerisourceBergen had spent over $1 billion on opioid-related legal issues, with potential estimates reaching up to $100 billion for a global settlement. The Lebanon County Employees' Retirement Fund owned shares of AmerisourceBergen, and asked to see the board materials.

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